Advocate - Advocates in Tanzania

Advocates in Tanzania

The law regulating the Advocates profession in Tanzania is not clearly defined and it is difficult to say to what extent the English law applies, because the Advocates ordinance is not exhaustive. However, a close look at the Tanzania Advocates Ordinance indicates that it has borrowed quite extensively from the Kenya Advocates Ordinance of 1949, and the Legal Practitioners Ordinance of Nigeria. All these Acts have a common ancestry, the English Solicitors Remuneration Acts of 1870 and 1881, and the Solicitors Act of 1932. The law governing advocates in Tanzania is of the kind which would be applicable to solicitors in England.

To become an advocate in the mainland Tanzania you must be 'admitted' to the Roll of Advocates, a statutory register kept by the Registrar of the High Court.The law governing the whole process of admission to the bar in Tanzania is the ADVOCATES Act Cap 341 R.E 2002 of the Laws of Tanzania (this Law does not apply in Tanzania Zanzibar where there is a separate legal system and independent Bar Association for Zanzibar). Before establishment of the Law School of Tanzania in 2007 The Law School of Tanzania (the School) was established by the Law School of Tanzania Act 2007 (the Act) that came into force on 2 May 2007. To become an advocate in Tanzania, a person must be a holder of a degree in law (s.8 (a)(i) of the Advocates Act). A person must have completed four months of internship conducted by the ministry of justice and constitutional affairs, (but the system has changed following establishment of the Law School. Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice).

Applications for admission to the bar are usually made to the chief justice by way of petition. (S.8 (2)). The petition is usually accompanied by certificate of good character, certificate of pupilage, and certificates for Secondary School (O- Level and A- Level) and University Certificates of LLB Degree which is mandatory and any other postgraduate certificates including that of Law School of Tanzania for those who completed their degrees after the start of the law School program, The certificate of Good Character is drafted in the favour of the petitioner by any admitted member of the bar who knows the petitioner and certifies his or her good character. Certificate of pupilage is drafted by the law firm or office to which the petitioner did his/her pupilage.

Applications are usually made in a specified form accompanied by fees. (S.8 (2)). (Though fees is usually paid upon actual admission) Applicant shall be notified to appear before the council for legal education for examination. This usually takes a minimum of one year from the date filing the petition.

Chief justice may if he thinks fit admit the applicant as an advocate (s.8 (3)). The Chief Justice exercises this discretionary power after the applicant has satisfied the council of legal education that he or she has sufficient knowledge of laws of the country. Each successful petitioner is called before the Chief Justice who interviews the petitioner on his personal history. Each certificate of admission issued by the chief justice shall be endorsed "the certificate itself is not a license to practice an advocate” The registrar upon production of an admission certificate signed by the chief justice and on payment of the prescribed fee to the registrar, the registrar shall enter on the roll the name of the person so admitted Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice. .

ADMISSION FOR FOREIGN LAWYER TO THE BAR IN TANZANIA.

Together with section 8, Section 39 of the Advocates Act provides that upon application to the Chief Justice and payment of the prescribed fees a foreigner who has in force a practicing certificate from any commonwealth country may be temporally admitted to enable him to appear on a particular case. Presently, the Law School of Tanzania offers a one-year practical legal training programme, which is compulsory for any law graduate aspiring to be enrolled as an advocate of the High Court of Tanzania. The programme is divided into two semesters. The First Semester covers classroom instruction for up to twelve weeks while the Second Semester involves a period of clinical law (field placement) followed by final written and oral examinations. Successful candidates are awarded the Post-Graduate Diploma in Legal Practice.

Currently the Roll of Advocates in Tanzania stands at 1188 as of 15 December 2009

The Tanganyika Law Society is the Bar association of Tanzania Mainland (TLS), founded in 1954 by an Act of Parliament - the Tanganyika Law Society Ordinance, Chapter 344 of the Laws. The Tanganyika Law Society is currently governed by the Tanganyika Law Society Act, Cap 307 R.E. 2002, which repealed the earlier legislation.

Section 7 (1) of the TLS Act provides that every advocate who has in force a practising certificate shall without election, admission or appointment, become a member of the Society from the date on which the practising certificate is issued to him and be subject to any provision of the law for the time being affecting that member. Pursuant to Section 8 of the Act, the following can on application be admitted as members to the TLS:

( 1) Any of the following persons who applies for membership of the Society in the prescribed manner shall be admitted as a member of the Society, that is to say– ( a) t he Attorney-General, Parliamentary Draftsman and State Attorneys, for the time being resident in Tanzania, and any person duly qualified holding office in the Attorney-General's Department; ( b) a ny person duly qualified holding office in a local government authority; ( c) the Registrar-General, Administrator-General, Public Trustee, Official Receiver, Land Officer and any person duly qualified holding office in the department of the Registrar-General, Administrator-General, Official Receiver or the Land Office;

( e) a ny other legally qualified person, for the time being resident in the Tanzania, as may from time to time be determined by special resolution.

PROFSSIONAL CONDUCT (ETHICS) OF ADVOCATES IN TANZANIA

As it is for other professional groups, advocates also need Rules of Conduct (ethics) as guidance in performing their profession.

Generally, codes of ethics fro different professionals are designed to prevent unethical behaviour and can hold such officers accountable for their individual actions. In Tanzania, advocates ethics and conducts are governed by “The Rules of Professional Conduct and Etiquette for advocates” (the Rules). These Rules are therefore, a collection of regulations controlling their conduct and ethics in performing their legal profession.

According to the anatomy of the Rules, they provide guidelines covering mainly for the following areas;

1. Relationship among advocates.

2. Relationship between advocates on one hand and courts on the other.

3. Relationship between advocates on one side and clients on the other.

4. Requirements in the daily routine of advocates and their offices.

5. Prohibitions against advocates.

A conduct by an advocate is not solely governed by THE RULES OF PROFESSIONAL CONDUCT AND ETIQUETTES. There are other machineries which control and instruct on their conduct. These machineries may be categorised as follows;

Statutory Control;

These are acts or legislative instruments which in a way or other touch the conducts of the advocates’ professions, they must thus observe these pieces of legislation. Those mechanisms include;

a) The Advocates Act, and subsidiary legislations made under it. These subsidiary legislations include;

• The Advocates' Act (Application of Section 3 to the Tanzania Legal Corporation) Order

• The Advocates (Admission and Practising Certificate) Regulations.

• The Advocates (Accounts) Regulations.

• The Advocates (Professional Requirements) Regulations.

• The Advocates (Disciplinary and Other Proceedings) Rules.

• The Advocates' Remuneration and Taxation of Costs Rules

b) The Notaries Public and Commissioners for Oaths Act Cap 12 R.E 2002, this is An Act relating to Notaries Public and Commissioners for Oaths. Indeed, advocates are notaries public.

c) The Legal Aid (Criminal Proceedings) Act, according to its short title, this is an Act to provide for the rendering of free legal aid in criminal proceedings involving indigent persons.

d) The Tanganyika Law Society Act, this is An Act to establish the Tanganyika Law Society and to provide for other related matters.

International Influence;

Lawyers in Tanzania have their contacts and associations internationally, this thus assists them to tape other jurisdictions’ practice so as to enhance their ethics, for example, they are members of the East African Lawyers Society and the Bar Association of Commonwealth.